Is it possible to petition for an adult sibling with Down Syndrome?

[AKSinghSingh79 143]

My husband and I eventually want to petition for his younger brother to come to the U.S. to live with us once he gains citizenship and is eligible.

However, my BIL has down syndrome and many other common ailments that typically accompany this disorder (congenital heart problems, kidney stones, skin conditions, etc...)

Is it even possible for Downs adult to interview and come here? I have read that he will be denied solely on his list of medical conditions. What if we were to secure health care for him ahead of time?

Then there's the interview. I'm sure he could answer questions without trouble but he would be nervous and the interview would have to be conducted in Hindi.

My husband and my in-laws are very worried about the future for my BIL and my in-laws fear what will happen to him once they approach an elderly age. They hope my husband and I will take care of him once they are no longer fit to do so.

[ceadsearc 515]

He wouldn't be medically denied based on that. He could be denied if they think he will become a public charge. Securing private healthcare would be step one. He would not be expected to participate in an interview in English, it would be in the native language of the country.

[Penguin_ie 5,986]

Yes he has a chance to come here, especially if you can secure medical coverage for him (which may be difficult).

Relative visa interviews are usually quick. Considering the circumstances, they might let his mother or a caregiver into the itnerview with him, but they are not obliged to.

[NigeriaorBust 4,087]

The wait for a sibling visa is 10 years. At that time depending on his medical state you might be required to show that you have insurance for him which could be a lot of money. He shouldn't be denied because of the condition.

[AKSinghSingh79 143]

Yes he has a chance to come here, especially if you can secure medical coverage for him (which may be difficult).

Relative visa interviews are usually quick. Considering the circumstances, they might let his mother or a caregiver into the itnerview with him, but they are not obliged to.

Would they allow his brother (my husband)? They can't deny US citizens into the consulate in Delhi I believe but not sure if he can accompany for sibling interviews. My BIL also has some speech difficulties which may make the interview more difficult unless a family member was there to translate.

The wait for a sibling visa is 10 years. At that time depending on his medical state you might be required to show that you have insurance for him which could be a lot of money. He shouldn't be denied because of the condition.

Right. I knew about the 10 year wait on sibling visas. There is no rush at this point but we wanted to petition as soon as my husband was eligible because of the long wait.

Are you saying that we would have to pay for private medical insurance for my BIL for 10 years even though he would not be there to use the benefits?

[JimVaPhuong 4,863]

I agree with the others. If there's going to be an issue then it's going to be the public charge determination.

Before they even look at the affidavit of support, the consular officer is required to look at the intending immigrant. What they are required to consider are:

1. Age - Don't know if this is an issue now, but it might be by the time his priority date is current.

2. Health - Obviously an issue.

3. Family status - His chances go down if he's married, has dependents, or doesn't have a network of family members to help support him.

4. Assets, resources, and financial status - Presumably, he has no significant assets or resources.

5. Education and skills - This basically means what are his chances of ever getting gainful employment?

Worst scenario is that the consular officer concludes he'll never be gainfully employed, and he'll never become a US citizen. Since he'll always be a permanent resident then he becomes deportable if he ever actually becomes a public charge; i.e., primarily dependent on the taxpayers to support him in the long term. Since he'll never meet any of the conditions to terminate the affidavit of support then the affidavit remains enforceable until either he or the sponsor dies. This means the sponsor could be on the hook if he receives even temporary means tested benefits. The consular will have to view the affidavit of support as a life long commitment by the sponsor to support immigrant and ensure that they never need government assistance. That's a pretty big commitment by the sponsor, and a pretty big risk for the consular officer.

If his Downs Syndrome isn't severe then you'll want to present any evidence you can that he will be willing and able to find work in the US. If the consular officer believes he'll be able to work then the public charge risk drops dramatically.